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to contrast that with a well known famous saying among lawyers that hard cases make bad law. in a case like this, with such extraordinary circumstances, around such an aberrant event, the best opportunities to pass meaningful legislation are not in the wake of these sort of crazy one off extraordinary events. what do you make of that? >> well, it is a real conundrum. on the one hand, holmes was right. you don't want extraordinary circumstances to create general law for average circumstances. but in another sense, this was not extraordinary. in fact, we've been living in something of a bubble. the fbi has done actually a fairly amazing job over the last decade of stopping many terrorist acts like when they occurred in other countries and europe and the middle east. and this was one that got through. but there are ways in which you could actually change laws to further enable the fbi. going back to michael isikoff's report. what if members of this mosque in boston had contacted law enforcement authorities under a new program and warned them that this fellow tsarnaev was looking a little errat
? does it indicate more about the investigation than law enforcement is saying explicitly? what happens next? joining us now is don borelly, a 25 year veteran of the fbi once served as assistant special agent in charge of the terrorism task force and now chief operating officer of a group that is a strategic consultancy. thank you for being here. nice to have you back. >> thank you for having me. >> how important and what does it mean for the fbi to call these two men not persons of interest or people they want to talk to but to call them suspects. that is a term of art, is it not? >> i think so. you're actually right on that. there has to be a high degree of confidence these individuals are involved in the plot to plant the bombs. otherwise you would have seen softer language and i'm sure there was a lot of discussion whether to release these photographs. you're not accusing them, per se, but you've certainly put the public on this worldwide manhunt to find these guys. so there has to be a high degree of confidence before you're going to walk out on that limb. >> we are told the fbi is
to be watching these guys. maybe we need to change the laws so we can watch them. on the other side lawmakers say this is a free country. you can't just watch somebody because they are strong believers. how deep is the divide? >> we are going to see weeks and months of debate about this. same kind of othing we saw after the failed underwear bombing plot and the times square bombing plot, questions about holding the suspects as enemy combattants. if there is any evidence that the fbi or intelligence services made a mistake expect republicans to seize on that and use it as an opportunity to accuse the president of being too politicly correct in challenging what they think is a war against radical islam. >> i want to bring in a republican from pennsylvania and a member of the homeland security committee. good morning. >> nice to be with you. >> as you go into the briefing what are your concerns and questions in. >> we want to try to know what happened as every other american does with a little more detail. i think you identified the questions that are out there. from the front end, what is it that i
to bring in james cavanaugh, nbc news law enforcement analyst and former atf special agent in charge. and with us -- he's with us from nashville. here with me in the studio, robert mcfadden is a former senior ncis official and senior vice president at the suffan group. james, i have to ask you, we've seen so much wild speculation recently. we've seen photos on the cover of the "new york post" that we're not going to show because they turned out to be wrong. how much of that actually ends up harming an investigation by creating sort of false starts? >> well, it is complicated to an investigation, and the commanders, you know, have to wrestle with that in a big media case like this. the even steady reporting is good because it kind of keeps it on the level, just like you saw pete do, it's very pragmatic. so it's difficult to deal with it when you're running a big case like this. for example, the d.c. sniper. we had a lot of issues like that as well. you know, the frenzy to get the story first out. you know, it's not really a necessary -- it's better to get it accurate. this case is mov
source say an arrest has been made. >> federal law enforcement source tells me that an arrest has been made. >> federal source tells her an arrest has been made. >> a suspect is about to be arrested. the suspect is to be taken into custody by federal marshals and taken to a courthouse. that tells us a lot, that tells us they've got him. >> one arrest, this vague description of brown skin, whether foreign or domestic. >> and now it is being told to fox news -- to a fox news reporter, indeed, an arrest has been made. >> according to the a.p., the suspect has been taken by u.s. marshals to a federal courthouse. >> we are being told by our foxnews.com reporter that an arrest has been made. >> take a half a step back, this has accelerated incredibly quickly. >> some are reporting an arrest has been made and some are reporting that's not the case. here's the truth, we don't know. >> conflicting reports about an arrest. tom? >> i have actually three separate sources, but two that are very highly placed and close to the investigation that have just told me that there's been no arrest. >> okay,
? >> represented watertown before the redistricting. i will tell you i was home like everyone else. the law enforcement officials ask everyone to stay indoors. i did because i wanted our law enforcement officials to have the ability to focus their full attention on finding and capturing the people that did this. that is obviously what happened. i hadn't heard a single complaint from anybody in boston about what happened. we were asked to cooperate and we did. we are hearing personal stories from people who were injured or from family and relatives and friends. we have learned a little more about some of the victims who lost their life, how close we all are. it is a closely knit city and it should come as no surprise how many people had some relationship to somebody who got hurt or in some cases killed. >> you directly because you know some of the victims' families. krystle campbell who is one of the victims who died went to high school with your kids she was laid to rest yesterday. you know the family of 8-year-old martin richard. have you been able to get in contact with them? have you bee
under u.s. law. the united states citizens cannot be tried in military commissions and it is important to remember that since 9/11, we have used the federal court system to convict and incarcerate hundreds of terrorists. >> nbc news justice correspondent pete williams is live with us right now. i know you've been reviewing these charges. what's the latest on what you've uncovered? >> it is a fairly interesting sequence of things that the government cites here as evidence. first of all they say that there was a surveillance tape that shows what apparently is the second suspect, dzhokhar tsarnaev, the man in the hospital, placing the bomb at the second bombing. this is unrelated picture to what i'm talking about now. but this is the person we're talking about. but the surveillance tape was taken at the scene of the second bombing. you may recall that there was a restaurant there called the foreign restaurant. they say a surveillance camera there shows him walking up to the restaurant with his backpack on. that he takes a cell phone off, seems to be using it for a while, then seems to be
stop answering at any time. this right means you do not have to answer any questions put to you by law enforcement agents or by the assistant u.s. attorney, mr. weinreb. the judge then says i want to make it clear you are not prohibited from making statements, but if you do, they can be used against you. you are not required to make a statement at this initial appearance, and any statement you do make may be used against you. finally, if i ask you any questions here in this hearing or at any future hearing which you think might incriminate you you have the right not to answer. do you understand everything i have said about the right to remain silent? the defendant nods affirmatively. the judge says you have the right to have this court assign counsel if you cannot afford counsel or if you cannot obtain counsel. can you obtain a lawyer? the defendant says no. and this is the first time we know that he can speak, because he does speak. he says just that one word. and apparently he says it with difficulty, because the judge responds by saying, let the record reflect that i believe the def
be illegal, anyway, he's an american citizen. the law bars trying american citizens in military tribunals, but you know, i think this is to some extent moot. a, because the administration has decided how they're going to proceed, its going to be in civilian court. and b, the limited nature of the interrogation at this point because of his condition. >> have authorities interviewed katherine russell? tamerlan's wife? we know we've seen her, she's gone back to the cambridge house briefly to apparently get some mail and other things. she is believed to be with her parents in rhode island. are they interviewed her to know how much she knew about his radicalization? >> they will. they very much want to. they want to talk to every member of the family. they want it talk to all his friends. they want to know not just the answer to that question, but fill in as many pieces of the puzzle as they can. what were they up to in the months leading up to the bombing, what did they do afterwards, did they talk about plans? were they in touch with other people? the quick answer to your question is we don'
through our civilian system of justice. under u.s. law the united states citizens can not be tried in military commissions. and it is important to remember that since 9/11, we have used the federal court system to convict and incarcerate hundreds of terrorists. >> tsarnaev now lies under armed guard unable to speak due to what may be a self-inflicted gunshot wound in his neck. authorities continue to question him, relying on written answers at this point. but his answers may be somewhat less important in his prosecution given the volume of evidence in the federal complaint, including description of video after the first explosion. "bomber two virtually alone among the individuals in front of the restaurant appears calm. he glances to the east and then calmly, but rapidly, begins moving to the west. away from the direction of the finish line. he walks away without his knapsack. having left it on the ground where he'd been standing. approximately ten seconds later, an explosion occurs." the complaint also contains details from the carjacking victim who says one of the suspects said t
. evidence was taken from that apartment. we saw law enforcement agents leaving with bags, gym bags and trash bags but the important thing to point out, robert -- and it was just made clear by boston police commissioner davis that there are no -- there's nobody in custody. there's no suspects right now who the fbi has. so, this is -- remains a wide open investigation. you heard the pleas for photographs and videos of the public. that's pretty telling in and of itself that the investigators still need more evidence. i did talk a little while ago to a former top federal bomb expert who had some pretty interesting things to say about where this is going. this was a very powerful blast. two bombs went off very quickly within ten seconds and that suggests that there could have been more than one perpetrator here. >> michael, reporting on the scene and chris jansing, my thanks to both of you and bringing in now on the telephone is former massachusetts congressman barney frank. sir, it's good to have you with us this morning. i want to get you first, though, where were you when you first heard about
. the hospitals and law enforcement both reporting that there were ball bearings inside this bomb. not some of the other projectiles like nails that you might find in other improvised explosive devices, particularly like those you see in afghanistan. what can the kind of bomb used yesterday tell you about who may have been behind this? >> as a general matter, willie, the type of bomb, the explosives, was this gun powder? was it some higher quality explosive like petn, was it hydrogen peroxide? that will give a load about the type of organizations behind this. the fact there were ball bearings in this is it clearly tells you that whoever did this was intending to maim and kill. this wasn't an attempt to just, you know, do some damage and scare some people. this was someone or a group trying to kill people. you know, beyond that, i think it's really dangerous to say ball bearings suggest domestic or international. the fact is whether it's al qaeda or domestic terrorist groups or hezbollah, all of these groups have used different sorts of motus operenda. it will be a different lead for investi
, facing a likely defeat of new gun laws. david grer goir join me now. david, you've been tracking this, kelly has following every in and out of it. echblg joe biden was telling people last night they were two both short. >> even hide camp said she's now not for it. >> it could be just among a small -- the reality is the background checks appear to be going by the wayside as has the magazine back. there are other taemds as a part of this. that would be part of the final package. make no mistakes they are prepared to come on the blasting on this, to make the point that republicans say what repeatedly is a 90% issue. >> and kell, from what you're hearing on the hill, there's no chance they're not going to proceed to these votes. they're goods to go ahead and force the votes even though they know they can't beat the filibuster? >> that is a question we have raised. every person involved says yes, they're going forward with the votes. they want the opportunity to be on record. one of the strategies that was talked about, but ultimately did not come to pass was the idea of taking at the init
a primary vote. >> senator manchin called every nra talking point hogwash, laws. he was very strong. yet the hogwash and lies seem to be working. >> seem to be working because they always work. h is what the nra does. we knew this after newtown when, you know, all the energy bubbled up. folks were calling for an assault weapons ban and background checks and straw purchases and bills on trafficking, that the nra would somehow find a way to keep this from happening. the nra has been around a long time. the energy and passion we saw from december 14th has to continue. what happens today, what's happening in the senate right now, shouldn't be something that deters those newtown families and all those other families in cities across the country from pushing to get something done. this is a long haul process. this is not something that turns on, you know, one failed vote. >> isn't there a risk? one of the things that strikes me, we're talking about a vote on a watered down bill. progressives and people supporting the legislation have even said, is it really what we want? no. is it the best we
, and among dead are 3 to 4 fire fighters, and a law enforcement officer slashed a fire fighter who was reported missing has been found alive but in serious condition at an area hospital. governor rick per is expecteded to give a news conference at 12:45 eastern time from the texas department of public safety headquarters in austin. chris, back to you. >> is there a sense, and i understand that this is a very small town in a fairly rural area, but is there a sense that they have the help that they need there, charles? >> well, it is a very small town, and it was a volunteer fire department which was decimated by this. when the first responsibilitiers -- responders arrived they realized what a calamity it was, and help came from as far as dallas-fort worth, waco austin. mutual aid was called in, and communities all around this region poured into this area until about 1:00 in the morning when the dps finally said, objection we have enough people on hand. we think we found all the survivors and treated the injured and gotten them out of town, so we don't need any more help, but it was
continue to mobilize and deploy all appropriate law enforcement resources to protect our citizens and investigate and to respond to this attack. obviously, our first thoughts this morning are with the victims, their families, and the city of boston. we know that two explosions gravely wounded dozens of americans and took the lives of others including, an 8-year-old boy. this was a heinous and cowardly act and given what we now know about what took place, the fbi is investigating it as an act of terrorism. any time bombs are used to target innocent civilians, it is an act of terror. what we don't yet know, however, is who carried out this attack or why. whether it was planned and executed by a terrorist organization, foreign or domestic, or was the act of a malevolent individual. that's what we don't yet know. and clearly we're at the beginning of our investigation. it will take time to follow every lead and determine what happened. but we will find out. we will find whoever harmed our citizens and we will bring them to justice point we also know this. the american people refuse to
security here is very acute and that does contradict a bit with a comments by law enforcement to sort of calm the public saying there's no imminent threat because the fact is, there is a bomber or bombers on the loose. those photos you mentioned before, we are getting these new photos in. they show the circuit board. they show most interestingly, elements of that pressure cooker, which you can see part of a corporate logo on that and the black nylon bag which also seems to show a corporate logo on it. now, what's significant about that is that it gives investigators a lead. they can now go to stores that sell these particular items, the pressure cookers, the nylon bags and ask have, who's been buying these items recently? do they have a list? is there surveillance cameras at some of these stores? now, that's going to be tough. it could take a long time. i'm told pressure cookers like this could also be sold at yard sales. so it may be a dead end in that respect, but it gives them something to work on in the absence of other leads. >> michael isakoff with the latest on the investigatio
significantly more complex. american law enforcement officials currently track terror networks by tapping into chatter, monitoring videos and reports of field agents, but even if the fbi is tipped off to potential american terrorists, there's are limits to what can be done. "the new york times" reports that after the tib questioned tamerlan tsarnaev in 2011, officials had quote no authority to watch him because they found no terrorism activity at the time. this scenario that an american could and would do this while flying under the radar raises serious questions regarding national security. the "washington post" writes the boston attacks might serve as a new model for terrorism in the 21st century. seeing how two kids with backpack bombs seem to have succeeded in putting a major u.s. city on lockdown, it may now dawn on al qaeda leaders that a series of small-scale attacks like this conversation the same impact as one spectacular mass casualty attack. through a combination of skill and luck, we've done well at preventing the next 9/11. preventing the next boston massacre might not be as
at m.i.t. let's talk about law enforcement. what are they looking for now? how do they go about this investigation? take us through some of those steps? and within that, we have to start forming some theories. from what we know already, do you think that it is maybe an individual or probably a group and how do you go about figuring out, is this a foreign group or individual, or americans? >> yeah. those are big questions and there are a lot of them. let me start in the beginning and say in terms of the phase of the investigation, i think there are different parts and different parts of the government are handling different parts of the investigation. so obviously, the most important and immediate thing are those events and evidence that are near the attack. that are approximate to the attack. that includes the crime scene. that includes the material used in the bomb and the process of reconstructing what that bomb looked like. it is designed, the materials it used. the nature of the timer that was used. then there is a whole separate line of inquiry at surveillance video that mi
suspect is read his rights and lawmakers raise new questions about what law enforcement knew about him and his brother prior to last week's deadly attack. >>> food for thought. president obama's slaft dinner dates continues tonight. this time it is with the women of the senate. how much could these meals be the ticket to some deals? no evidence yet. >>> a bonanza of second chance surprises. mark sanford blazing a trail, trying to make old faces new again. but can any of these folks actually get elected again? >>> good morning from washington. i'm chuck todd. this is your tuesday edition of "the daily rundown." it is april 23rd. right to my first reads of the morning. >>> 19-year-old dzhokhar tsarnaev who was shot in the head, neck, leg and hands according to newly released documents, has been officially charged with using a weapon of mass destruction that resulted in three deaths and more than 170 injuries. he's also been charged with malicious destruction of property by means of an explosive device resulting in death. both charges carry the death penalty as a maximum sentence. tsarnae
involvement. >> the reports of involvement by her husband and brother-in-law came as an absolute shock to them all. >> and in dagestan, the suspect's mother is adamant that her sons are innocent. >> what happened is a terrible thing, but i know that my kids have nothing to do with this. i know it. i am mother. >> joining us now from boston is nbc news national investigative correspondent michael isikoff. and frank silufo, director of the homeland security policy institute at george washington university. good afternoon, to both of you. mike, as the investigations continue both here and oversea, we understand that investigators are confident these brothers acted alone. even as their family members express utter bafflement. what are we learning about the larger case against these suspects? >> reporter: well first of all, this is looking, martin, more and more like a case of self-radicalization. now, nothing is conclusive and, you know, we're far from the end of this investigation right now. >> of course. of course. >> reporter: but the preliminary indicators, first, you have tsarnaev saying the
and a graduate of harvard law. good to see you, congressman. good morning. >> good to see you. >> the next step of this i guess the more serious step has come from four senators and one congressman so far who are calling for dzhokhar tsarnaev to be called as an enemy combatant. let me play what lindsay graham said about that. >> he should be designated as an enemy combatant and question him for intelligence gathering purposes and find out about terrorist organizations that may exist that he has knowledge of. >> congressman, you releaseded a statement disagreeing with that. why? >> i don't think there's a constitutional legal basis to treat him as an enemy combatanc. i don't see how we can do this constitutionally. i understand that senator graham would like to prolong the interview and we all want to get as much information as we can but there are limits to what we can do and those limits apply in a situation of an american arrested for committing a heinous act like this on american soil so i don't think there's a constitutional legal basis. i also agree with dan collins. there's a lot we can d
. they build products that look like and act like bombs and trigger switches so that law enforcement and the military can train on how to recognize them and detect them and avoid tripping them. to learn how to disarm them. this company sells not to the general public, but to agencies, specifically sell, dummy pressure cooker i.e.d.s to train on because there are so many of them around, it's the kind of thing around that people who work in explosives need to know how to do. people put explosives in pressure cookers and blow them up not using a fuse an a timer, but a gun shot. you can see it on youtube. pressure cooker bombs are the kind of thing that have been around for a long time that people believe they can make relatively easy. three summers ago, you might remember our coverage of al-qaeda releasing a magazine that tried to inspire home grown terror attacks around the world. their first issue included an article called how to make a bomb in the kitchen of your mom, which was hilarious on one hand, on the other, it gave specific instructions on how to make bombs. what we're told i
common sense gun laws. plus partisan groups working on immigration reform. it will formally unveil a big proposal we've been waiting for but some republicans are already voicing opposition. we'll speak with our guest. find us on twitter or at "newsnation." [ phil ] when you have joint pain and stiffness... accomplishing even little things can become major victories. i'm phil mickelson, pro golfer. when i was diagnosed with psoriatic arthritis, my rheumatologist prescribed enbrel for my pain and stiffness, and to help stop joint damage. [ male announcer ] enbrel may lower your ability to fight infections. serious, sometimes fatal events including infections, tuberculosis, lymphoma, other cancers, nervous system and blood disorders, and allergic reactions have occurred. before starting enbrel, your doctor should test you for tuberculosis and discuss whether you've been to a region where certain fungal infections are common. you should not start enbrel if you have an infection like the flu. tell your doctor if you're prone to infections, have cuts or sores, have had hepatitis b, have been t
on that outstanding results from that. i do favor more cameras they're a great law enforcement method and device. and again, it keeps us ahead of the terrorists. who are constantly trying to kill us. i hope that members of congress, both parties including my own will realize that the war against terrorists are not over. and it's foolhardy to make cuts in homeland securities. especially whose cities, whose police departments need this. >> this poignant message for all of us, this photo was taken outside the dorchester home of 8-year-old martin richard who as we know died yesterday while watching the marathon with his family. his mother and sister still seriously injured. we've all had those moments. when you lost the thing you can't believe you lost. when what you just bought, just broke. or when you have a little trouble a long way from home... as an american express cardmember you can expect some help. but what you might not expect, is you can get all this with a prepaid card. spends like cash. feels like membership. arrival. with hertz gold plus rewards, you skip the counters, the lines, and t
are effectually going to reflect the view of the american public in the laws that we pass. >> for what it's worth, that 60-vote threshold created was because both sides wanted the 60-vote threshold because of gun control advocates who wanted 60 votes for that to carry. that was a mutual decision. behind the bombs as we learn more about the type of explosion use and how they were made to provide the clues needed to figure out who was behind this deadly attack. a done deal after months of negotiations, a group of senators coming through with a bill. the senator on what's in the bill and why he said it's something for everybody to hate. but first a look ahead at the politics planner. as you know about all the votes, president obama dines with democrats after two dinners with senate republicans doing a little on the senate democrat dining there. a lot of the budget talks in the party are going to be there. the sanford push debate. we will have more on that. only on msnbc. p with this horrie rash on my right side. an intense burning sensation like somebody had set it on fire. and the doctor said, cind
this -- i know this because there's a piece of boston in me. you welcomed me as a young law student across the river. you welcomed michelle, too. you welcomed me -- welcomed me during a convention when i was still a state senator and very few people could pronounce my name right. like you, michelle and i have walked these streets. like you, we know these neighborhoods. like you, in this moment of grief, we join you in saying boston, you're my home. for millions of us, what happened on monday is personal. it's personal. today our prayers are with the campbell family of medford. they're here today. their daughter crystal was always smiling. those who knew her said with her red hair and freckles and her ever-eager willingness to speak her mind, she was beautiful, sometimes she would be a little noisy. and everybody loved her for it. she would have turned 30 next month. as her mother said, through her tears, this doesn't make any sense. our prayers are with the liu family of china, who sent their daughter to b.u. so she could experience all this city has to offer. she was a 23-year-old student
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